Another chance to consider paternity | Speaker Law
phone icon email icon
(517) 482-8933

Speaker Law
Blog

Another chance to consider paternity

Posted on Tuesday, May 8, 2018

Coincidentally after posting about Barnes v Jeudevine last night, I learned this morning that the Court of Appeals recently issued an opinion on another paternity case: Sutton v. Diane. I would not be surprised if this case is appealed to both the Michigan Supreme Court and then to the United States Supreme Court because it raises issues of equal protection and due process when suit was filed on behalf of a minor child to learn the identity of the child's father so as to access medical history and other information about the child's biological father. The COA said that the child did not have standing to commence the paternity action. Although DNA tests revealed that the mother's husband was not the child's biological father, the COA held that "we are not prepared at this time to find constitutionally protected interests under the facts presented, such that this 'paternity' action may proceed."

Do you have an appeal?
Let's find out!

Recent
Posts

Termination Petition Cannot Be Dismissed Without A Decision On The Merits
Feb 24, 2021
The trial court improperly dismissed an authorized petition to term...
Dog Not ‘Provoked’ To Bite Boy: Plaintiff Should’ve Been Granted Summary Disposition
Feb 17, 2021
The trial court in this dog-bite case improperly granted summary di...
Dad’s Custody Motion Conflated With Mom’s Domicile Motion: Reversal Required
Feb 10, 2021
The father in this case was erroneously granted joint physical and ...
Evidentiary Hearing Required On Mom’s Motion To Modify Custody
Feb 3, 2021
A mother’s motion for modification of custody was erroneously denie...

Tags

 

Subscribe to our blog

* indicates required